Dismissed

Smt. Parvathi W/O.Mallappa Ronad, v. Union of India

Karnataka HC26 Mar 2013WA/30914/2012

Case brief

AI extract

What is this about?

This judgment dismisses an appeal against an order upholding the issuance of a No Objection Certificate for a new petroleum outlet on a major district road. The Court held that government restrictions limiting outlets to 300 meters apply only to national and state highways, not other roads.

What did the court decide?

The appeal was dismissed and the application for condonation of delay was dismissed.

Smt. Parvathi W/O.Mallappa Ronad, Vs Union… — Public Procurement and Tenders | Karnataka HC (2013)

��

��^��

��

��

��

��

��!��"�#$��%��&��'

��

�� $�� (��)�� $�(�� *(�� (��

& ��

%�� '

��

��

¶15

��

¶16

��

¶17

��

¶18

¶19

��$�� (��)��(�� $�� *(�� (��

¶20

& ��

¶21

��$��#�� "�� (�+$��$�� ",+$��

¶22

�� ( ��(

¶23

Heard on I.A. No.2/2012. By this application the appellant is seeking condonation of delay of 29 days in filing the appeal. Before issuing notice on the interim application we thought it fit to hear the appeal for admission. Hence we have perused the impugned order and heard learned counsel for the appellant on merits.

¶24

This Writ Appeal is directed against the order dated

¶25

07.06.2012 passed by the learned Single Judge dismissing the Writ Petition filed by the appellant.

¶26

¶27

The appellant filed the writ petition seeking a writ of certiorari quashing the ‘no objection certificate’ issued by the Deputy Commissioner as per Annexure-J for opening of Petroleum fuel outlet by respondent no.4 just abutting the Petroleum fuel outlet run by the appellant.

¶28

The main objection raised by the appellant for granting no objection to the respondent no. 4 was that no Petroleum fuel outlet can be established within a space of 300 meters. The Deputy Commissioner after referring to the guidelines issued by the Central Government as well as by the State Government with regard to the restriction of establishing the Petroleum fuel outlet within the space of 300 meters, has held that the said restriction is applicable only in relation to the National Highway and or the State Highway. Admittedly, the intended Petroleum fuel outlet is by the side of major district road and that it was neither a National Highway or State Highway as such the restriction imposed in the circular would not apply to the case on hand. In addition, the

¶29

¶30

appellant is a rival businessman. Therefore the Deputy Commissioner held that the appellant cannot object for the establishment of another Petroleum fuel outlet by respondent no.4.

¶31

The learned Single Judge having regard to the guidelines referrable to the National Highway and the State Highway has held that the appellant has no grievance to make.

¶32

6 Having heard the learned counsel for the appellant, we are satisfied that the restrictions indicated in the circulars relied, are only with reference to the National Highway or the State Highway and those restrictions are not applicable to other roads. In view of the fact that the Petroleum fuel outlet run by the appellant and the intended Petroleum fuel outlet to be established by the respondent no.4 are situated adjacent to a major district road the said restrictions are not applicable. In this view of the matter, we find no merit in this appeal. Accordingly, the appeal is dismissed.

¶33

¶34

In view of the dismissal of the appeal, the application for

¶35

condonation of delay does not survive for consideration. Accordingly, it is dismissed.

��

��

��

��

-..

Smt. Parvathi W/O.Mallappa Ronad, v. Union of India

Case brief

What is this about?

What did the court decide?

Smt. Parvathi W/O.Mallappa Ronad, v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Case details

Similar cases

Union of India Vs B v Dambal S/O. Vaman Rao

Smt. Akshata Kumari J Shetty Vs the State of Karnataka

Hussainbasha S/O Abdulkhadarsab Soudagar Vs the Principal

M/S Mullangie Spintex Private Ltd., Vs M/S Syndicate Bank Nationalized and Scheduled Bank

Basavanth S/O Shivagond Wadeyar, Vs the Special Land Acquisition Officer

Anant S/O Ramadas Nayak Vs the Modern Education Society